People v. Arriola CA2/1

Filed 3/23/22 P. v. Arriola CA2/1 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B297120

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. PA030665)

v.

ALBERT ARRIOLA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hayden A. Zacky, Judge. Reversed and remanded with directions. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan

Pithey, Supervising Deputy Attorney General, Idan Ivri, Deputy Attorney General, for Plaintiff and Respondent. ____________________________ Based on his participation in a series of gang-related shootings on July 12, 1998, Albert Arriola was convicted of, among other crimes, four counts of attempted murder. (People v. Arriola (July 28, 2000, B131255) at pp. 2-4 [nonpub. opn.] (Arriola I).)1 In February 2019, Arriola petitioned the trial court under Penal Code section 1170.95 to vacate his sentences for attempted murder and resentence him on the remaining counts.2 The trial court summarily denied Arriola’s petition because, at the time, section 1170.95 did not provide for resentencing based on attempted murder convictions. We affirmed the trial court’s order in a nonpublished opinion. (People v. Arriola (Apr. 1, 2020, B297120) at p. 6 [nonpub. opn.] (Arriola II).) Arriola petitioned the Supreme Court for review and the Supreme Court granted and held the matter pending its review in another matter. While Arriola’s case was pending in the Supreme Court, the Legislature passed and the Governor signed Senate Bill No. 775 (S.B. 775), which amended section 1170.95 to include as eligible for resentencing persons convicted of “attempted murder under the natural and probable consequences doctrine.” (Stats. 2021, ch. 551, § 2, subd. (a); § 1170.95, subd. (a).) In December 2021,